(c) Unauthorized uses. The Seal will not be used:

(1) On souvenir or novelty items of an expendable nature.

(2) [Reserved]

(3) On toys or commercial gifts and premiums.

(4) As a letterhead design on stationery.

(5) On menus, matchbook covers, sugar envelopes, calendars, and similar items.

(6) To adorn civilian clothing.

(7) On membership cards of military or quasi-military clubs, societies, etc. (8) On athletic clothing and equipment.

(9) On any article which may discredit the Seal or reflect unfavorably upon the Department of the Air Force.

(10) In any manner which implies Air Force indorsement of commercial products or services.

(11) On commercial or private printed matter.

[32 F.R. 9673, July 4, 1967, as amended at 32 F.R. 11782, Aug. 16, 1967]

§ 800.5 Coat of Arms.

Authorized uses of the Coat of Arms

are:

(a) Coat of Arms, with or without encircling stars-in black and white, color, monochrome reproduction, pictorial or sculptured relief-may be used for ornamentations for nonofficial use on articles of jewelry, such as watches, rings, tie clasps, cuff links, bracelets, cigarette lighters, and similar articles where use of the Coat of Arms is in good taste and appropriate to the occasion.

NOTE: Use of the Coat of Arms in instances mentioned in this paragraph must be specifically approved by USAFMPC (AFPMSAU), Randolph AFB TX 78148. When USAFMPC approves use of the Coat of Arms for nonofficial purposes, it will do so only with the understanding that such usage in no way reflects Air Force endorsement of the product involved.

(b) Coat of Arms without encircling stars-in black and white, color, monochrome reproduction, pictorial, or sculptured relief-may be used for ornamentation by Air Force military personnel, including members of the Reserve components and Air Force retired personnel:

(1) For display on personal stationery or framing for display in the home as a painting or a wall plaque.

(2) For wear on civilian jackets or blazers of conservative color.

(a) Official drawings of the Seal or any part thereof required for reproduction may be obtained from USAFMPC (AFPMSAU), Randolph AFB TX 78148. The request will include a complete justification.

(b) Wall Plaque, Air Force Seal (Federal Stock Number 9905-766-0426): These plaques are of lightweight plastic material, in full color, and approximately 15'' in diameter.

(1) Those organizations

listed in

§ 800.4 (b) (4) must obtain USAFMPC (AFPMSAU) approval for use before submitting requisitions.

(2) The cost of these items is borne by the using activity.

§ 800.7 Responsibility.

(a) Secretary of the Air Force. The Administrative Assistant to the Secretary of the Air Force is the custodian of the Air Force Seal, and is solely responsible for approving use of its impression on official departmental documents and records.

(b) Hq USAF. The Assistant DCS' Personnel for Military Personnel is responsible for approving use of facsimiles of the Seal, or portions thereof, on insignia, flags, medals, and similar items. He is also responsible for authorizing such other uses of elements of the Seal as Air Force organizations, civilian groups, and industry may request.

(a) Air Force policy is to cooperate with authorized labor union representatives by granting them admission to Air Force installations when they are engaged in legitimate union business.

(b) The admission of labor union representatives to Air Force installations will be governed by the following:

(1) Where union agents desire to enter an installation to conduct union business during working hours, the base commander may authorize such visits: Provided, That the entry of the agents does not violate applicable safety and security regulations and, that their entry, presence, or activities will not interfere with base operations or the progress of work.

(2) Where construction on Air Force installations is administered by a construction agent of the Air Force, such as the Corps of Engineers, United States Army, commanders should notify the construction agent of the proposed visit and the purpose thereof. They should also determine whether the proposed visit will interfere with the work progress. § 801.3 Procedures on admission to unclassified areas.

Permission to enter an Air Force installation may be granted by the commander to labor union representatives to:

(a) Discuss with the commander those policy matters which relate to employees who are engaged in work on the installation and who are members of the union represented by the visitor.

(b) Visit contractors, contractor representatives, or union stewards to discuss and review conditions of employment, grievances, and related matters within the terms of the collective bargaining agreements involving employees.

(c) Visit individual employees of contractors, provided that discussion and review of matters within the collective bargaining process cannot otherwise be accomplished.

(a) Approval of visits to labor representatives should include the limitations and restrictions applicable to visitors. In addition, notification should specify that permission to visit an Air Force activity does not include the right to hold meetings, collect dues, make speeches, or distribute inciting or provocative material.

(b) Organizing activities carried on during work hours are considered to be disruptive; therefore, visits will not be authorized for this purpose.

(c) Nothing contained in these sections should be interpreted as requiring that permanent passes be issued to labor representatives to conduct union business.

(d) The provisions of Part 850, Subchapter E of this chapter govern admission to classified areas.

This part sets forth for both Federal and non-Federal purposes the authority of U.S. Armed Force members to administer oaths; take affidavits, sworn statements, depositions, and acknowledgments; and perform other notarial acts. § 802.2 Federal authority to administer oaths, and the legal effectiveness of such oaths.

(a) Federal authority to administer oaths. (1) The following U.S. Armed Force members on active duty may administer oaths for purposes of military administration, including military justice (Art. 136, UCMJ; 10 U.S.C. 936):

(1) All judge advocates of the Army and the Air Force.

(ii) All law specialists.

(iii) All summary courts-martial. (iv) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(v) All commanding officers of the Navy, Marine Corps, and Coast Guard.

(vi) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(vii) All other persons designated by Armed Forces regulations or by statute. Although otherwise qualified under subdivision (iv) of this subparagraph, Directors of Administrative Services, Deputy Directors of Administrative Services, Chiefs of Administrative Services, Administrative Officers, and similarly titled officers are hereby so designated by the Air Force.

(2) The following U.S. Armed Force members on active duty may administer oaths to any person when it is necessary in the performance of their duties (Art. 136, UCMJ; 10 U.S.C. 936):

(i) President, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial.

(ii) President and counsel for the court of any court of inquiry.

(iii) All officers designated to take a deposition.

(iv) All persons designated to conduct an investigation.

(v) All recruiting officers.

(vi) All other persons designated by Armed Forces regulations or by statute.

(3) Any U.S. Armed Force commissioned officer of any Regular or Reserve component, whether or not on active duty, may administer:

(i) Oath of enlistment (10 U.S.C. 501 and 1031).

(ii) Oath required for appointment of any commissioned or warrant officer grade (10 U.S.C. 1031).

(iii) Any other oath required by law in connection with enlistment or appointment of any person in any U.S. Armed Force (10 U.S.C. 1031).

(b) Legal effectiveness. Oaths administered under these authorities are proper and legally effective for the purposes stated.

§ 802.3 Federal authority to perform other notarial acts, and the legal effectiveness of such acts.

(a) Federal authority. Under authority of Art. 136, UCMJ (10 U.S.C. 936), in addition to administering oaths for

the purposes described in § 802.2(a), U.S. Armed Force members listed in § 802.2(a) (1) have general powers of a notary public and a U.S. consul to administer oaths and take affidavits, sworn statements, depositions, and acknowledgments to be accomplished by U.S. Armed Force members, wherever they may be, and by persons serving with, employed by, or accompanying the Armed Forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands.

(b) Legal effectiveness for non-Federal purposes. The legal effectiveness of any notarial act generally is dependent on the laws of the jurisdiction in which the instrument is actually to be used. This jurisdiction determines what officials may perform notarial acts, and the conditions under which they may be performed. Federal authority contained in Art. 136, UCMJ (10 U.S.C. 936), for the performance of notarial acts by certain U.S. Armed Force members may or may not be accepted as adequate compliance with the requirements of the jurisdiction in which the instrument actually is to be used.

11

Subpart C-Property of Deceased U.S. Civilians Sec.

803.20 Which civilians are covered. 803.21 When legal representative or next of kin is present.

803.22 When legal representative or next of kin is not present.

Subpart D-Property of Missing Persons 803.30 Disposing of the property of missing persons.

AUTHORITY: The provisions of this Part 803 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012.

SOURCE: The provisions of this Part 803 appear at 29 F.R. 13803, Oct. 7, 1964, unless otherwise noted.

(a) Personal property. This term includes:

(1) Household goods and household effects.

(2) Personal effects and property or estate, except real property, that is temporary, movable and subject to personal use or ownership.

(3) A privately owned motor vehicle. Also, a wheeled motor vehicle that is primarily for personal use as a passenger-carrying vehicle, including automobiles, station wagons, and similar vehicles; jeeps; motorcycles; motorscooters (2- or 3-wheeled); pick-up or panel trucks (not to exceed 34 ton capacity); and small autobuses (not to exceed 9-passenger capacity).

(4) House trailers and contents thereof, in lieu of the shipment of household goods.

(b) Continental United States (CONUS). The 48 contiguous States and the District of Columbia.

(c) Missing person. One reported as missing under the provisions of the Missing Persons Act, as amended (50 U.S.C. App. 1001-1016). If there is a question as to whether a person is subject to the Act, request a determination from a staff judge advocate.

129 F.R. 13803, Oct. 7, 1964, as amended at 32 F.R. 6032, Apr. 15, 1967]

§ 803.2 Authority for shipping property of deceased and missing persons.

(a) AFM 75-4 (Movement of Personnel and Personal Property) and the Joint Travel Regulations contain the authority to ship personal property at Government expense. A military member's property is limited to 11,000 pounds net, exclusive of a privately owned motor vehicle, professional books, papers, and equipment, which are without weight limitation. The maximum amount payable by law for shipment of a house trailer is 51 cents per mile. A civilian employee's property is limited as to weight by Volume II, JTR.

(b) One privately owned motor vehicle may be shipped at Government expense as personal property provided:

(1) The motor vehicle was the property of the sponsor involved, or his lawful dependent, and the ownership can be legally established.

(2) The motor vehicle was moved to its current location, or lawfully procured there, by the member or his lawful dependent prior to the date of issuance of the official status report.

(3) The motor vehicle is in a usable condition or is sufficiently valuable to warrant the expenditure of Government transportation funds.

[29 F.R. 13803, Oct. 7, 1964, as amended at 32 F.R. 6032, Apr. 15, 1967]

Subpart B-Property of Deceased Active Duty Military Personnel Persons responsible for disposing of property.

§ 803.10

(a) The commander of the activity at or nearest to the place where the personal property is located will collect, safeguard and immediately dispose of that property which is under Air Force jurisdiction.

(1) If the legal representative or next of kin is not present to receive the property, the commander of the activity at/ nearest the place where the property is located will appoint a summary court to dispose of it.

(2) If the property is at two or more widely separated locations, the commander of each activity at/nearest the place where the property is located will appoint a summary court to work out disposition arrangements with the immediate commander of the organization to which the deceased was assigned.

(9) Beneficiary named in the will of the deceased.

(b) If a dispute or question arises, or is expected to arise, over who is to be the recipient, request legal assistance from a staff judge advocate in making the determination.

(c) When the recipient is a minor, forward the property in care of the guardian or adoptive parent.

§ 803.12 When legal representative or next of kin is present.

(a) Turn over all property in quarters or at the decedent's duty station to the legal representative or next of kin. Be careful not to release property to a relative or friend of the deceased, simply because that person is present at the time, or because that person proceeded to the place of death to claim the property. Even though a friend or relative is present, determine who is entitled to receive the property as directed in § 803.11. Do not release this property to another person without the written request or approval of the legal recipient.

(1) Deliver all currencies, commercial paper, stocks, bonds, checks, etc., (except funds belonging to the Government, Government checks payable to the deceased which are drawn on the Treasurer

of the United States or on foreign depositories, and military payment orders payable to the deceased) with other property.

(2) Prepare AF Form 1122, "Personal Property Inventory," in duplicate, for the property in Air Force custody; have the recipient sign the original of the form and retain the duplicate copy.

(b) Pack and ship the property at Government expense as authorized and requested by the legal representative or next of kin.

§ 803.13 When legal representative or next of kin is known but not present.

The Summary Court will:

(a) Inventory the property, and prepare AF Form 1122 in 4 copies.

(b) Forward the property to the recipient as quickly as possible and not later than 4 weeks from date of death. Do not delay shipment of all property pending the sale of motor vehicles and/ or collection of outstanding debts. Ship other property and advise the recipient of actions pending and approximate date they will be completed.

(c) Shipping notification: When the property is shipped, send a letter, and 2 copies of AF Form 1122, to the addressee, giving the date and method of shipment and the anticipated date of arrival. Also, state that shipment of the property is being made as required by Federal law and that the vesting of title thereto is dependent upon the laws of the State of the decedent's legal residence. Enclose a self-addressed envelope, and ask that he sign the original and one copy of the AF Form 1122 upon receipt of the property, and return it to the Summary Court.

(d) Debt collection: To the extent feasible, collect all local debts due the decedent.

(e) Payment of debts: Pay undisputed local creditors with any available cash belonging to the decedent and obtain receipt for such payment.

(f) Other settlement: Advise the recipient by letter:

(1) Of all known unsettled debts due or owed by the decedent.

(2) Of any items which cannot be shipped at Government expense (e.g., more than one motor vehicle, airplanes, boats, outboard motors, buses, trucks in excess of 34-ton capacity, and items that